Jury selection begins in Daniel Penny case in NYC subway death of homeless man Jordan Neely

The passenger, Jordan Neely, 30, would die from his injuries after he was subdued by Penny. Neely had a history of mental illness and a criminal record that included several instances of violence in the New York City subway system and was reportedly threatening passengers on the train. Penny, 25, faces 19 years in prison if he’s convicted on charges of manslaughter and criminally negligent homicide.

"Our team looks forward to commencing the jury selection process, and selecting a fair and impartial jury that will ultimately clear Danny of any wrongdoing," one of Penny's defense lawyers, Thomas Kenniff, said to Fox News.

The lawyer for Penny said that there is “overwhelming evidence that Danny was justified in the actions he took to protect the commuters on that train.” Neely’s family thinks otherwise.

"This case is simple. Someone got on a train and was screaming, so someone else choked them to death," said Neely family lawyer Donte Mills. "Those two things do not and will never balance." Mills argued that the outburst did not justify Penny’s intervention.

"Jordan had the right to take up his own space," he continued. "He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country. Jordan was allowed to exist and Penny ceased his existence solely because Penny believed he was more important than Jordan."

Protesters outside of the Manhattan courthouse were seen carrying signs calling for an end to the police and calling for an end to “white supremacist violence.”

A testimony from a motion hearing last month said that Neely entered the train after the 10th Street Station, ripped off his jacket, and threatened to “kill anybody” in May 2023. Penny told detectives that Penny was acting like a “lunatic.” He said Neely tossed his jacket and shouted something like, "If I don’t get this, this and this, I’ll go to jail forever."

Penny said he perceived a threat and that when Neely walked to him, he put him in a chokehold. "I'm not trying to kill the guy," he told detectives. "I'm just trying to de-escalate the situation."

Two other men on the train helped him hold Neely down as they waited for police. Neely was still breathing when they let go. Investigators say they did not tell Penny of Neely’s death when they interviewed him at the precinct building later on.